Montoya v. Dubbin

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF NEW MEXICO In re: MARK HENRY DUBBIN and No. 19-12040-t7 MARGARET LIN DUBBIN, Debtors. PHILIP J. MONTOYA, Chapter 7 Trustee, Plaintiff, v. Adv. No. 21-1004-t MARGARET DUBBIN, As trustee of the IDEALS, Inc. 401(k) Profit Sharing Plan Defendant. OPINION The chapter 7 trustee sued the trustee of a pension plan to recover $50,000 Mrs. Dubbin paid to the plan shortly before she and her husband filed this chapter 7 case. The money repaid a loan from the pension plan to Mrs. Dubbin. Plaintiff’s theories of recovery are that the payment is avoidable…